Liquidation & insolvency in South Africa

Written commentary from practitioners who hold the appointments — how the statutory processes actually run, where they go wrong, and what creditors, directors, and legal advisers should expect. The first four pieces are in preparation and will publish here shortly.

Coming to the Insights library

Four detailed pieces are being drafted and reviewed by our practitioners. In the meantime, the frequently asked questions on our home page cover the ground most enquiries start with.

Corporate liquidation

The liquidation process in South Africa — voluntary vs compulsory

A step-by-step comparison of the two routes into winding-up: who initiates each, what the court and the Master require, and how the timelines and costs differ in practice.

Coming shortly
Personal insolvency

Sequestration explained — voluntary surrender vs compulsory sequestration

How the Insolvency Act treats natural persons and partnerships, why the advantage-to-creditors test decides most applications, and what rehabilitation actually involves.

Coming shortly
Trading in liquidation

Post-liquidation trading — preserving going-concern value

When continued trading beats a break-up sale, how authority to trade is obtained, and the controls that keep a trading estate from eroding the very value it set out to protect.

Coming shortly
Creditors

How creditor claims are ranked in insolvent estates

Secured, preferent, and concurrent creditors, where the costs of administration sit, and how the liquidation and distribution account translates the ranking into a dividend.

Coming shortly